Hastie Group Limited (in liq) v Multiplex Constructions Pty Ltd (Formerly Brookfield Multiplex Constructions Pty Ltd) (Leave to Appeal) [2024] FCAFC 61

Hastie Group Limited (in liq) v Multiplex Constructions Pty Ltd (Formerly Brookfield Multiplex Constructions Pty Ltd) (Leave to Appeal) [2024] FCAFC 61

Leave to appeal was refused because the applicants did not run a surplus proceeds claim at trial, and were bound by the way they conducted their case; no appellable error was found in the primary judge's orders dismissing their proprietary claim to the bank guarantee proceeds.

Jurisdiction
Australia
Judgment Date
24 May 2024
Procedural Posture
Leave to Appeal Application / Decision on Application for Leave to Appeal
Outcome
Application for leave to appeal dismissed.
Legal Topics
['leave to Appeal' 'pleadings' 'bank Guarantees' 'proprietary Claims' 'surplus Funds' 'contracts' 'costs']
['commercial Law' 'corporate Insolvency' 'practice and Procedure'] ['leave to Appeal' 'pleadings' 'bank Guarantees' 'proprietary Claims' 'surplus Funds' 'contracts' 'costs']

Case Brief

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Procedural Posture

Leave to Appeal Application / Decision on Application for Leave to Appeal

Legal Issues

  1. 1 ["Whether leave to appeal should be granted against the primary judge's orders dismissing proprietary claims to bank guarantee proceeds" 'Whether a surplus proceeds claim was run at trial' 'Effect of pleadings on ability to later bring surplus claim']

Ratio Decidendi

Leave to appeal was refused because the applicants did not run a surplus proceeds claim at trial, and were bound by the way they conducted their case; no appellable error was found in the primary judge's orders dismissing their proprietary claim to the bank guarantee proceeds.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • ['The application for leave to appeal be dismissed.' "The Applicants pay the Respondents' (save for the First and Second Respondents') costs of the leave application as taxed or agreed." 'The First and Second Respondents file any evidence and submissions on costs within seven days with the Applicants responding in a...